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2012 Supreme(Online)(KER) 12581

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
DEVAKIAMMA USHA DO DEVAKIAMMA – Appellant
Versus
INDIRAMMA AMBILY DO INDIRAMMA – Respondent


JUDGMENT

These appeals arise from the common judgment and decree of learned Additional District Judge (Adhoc), Fast Track-II, Pathanamthitta in A.S.Nos.45 of 1996 and 44 of 1996 respectively, reversing the judgment and decree of learned Munsiff, Adoor in O.S.Nos.505 of 1993 and 82 of 1991, respectively.

2. The appellants in R.S.A.No.840 of 2005 filed O.S.No.505 of 1993 for a declaration that Ext.A1, settlement-cum-cancellation deed No.301 of 1971 executed by the late Kesavan is void, that they have right, title and interest over the property as per Ext.B1, settlement deed No.4198 of 1969 executed by the said Kesavan and for other reliefs. The 1st respondent in R.S.A.No.840 of 2005 filed O.S.No.82 of 1991 against the 1st appellant in R.S.A.No.840 of 2005 originally for a decree for prohibitory injunction claiming that the suit property which takes in the property referred to in O.S.No.505 of 1993 also belongs to and is in his possession and enjoyment as per Ext.A1, settlement-cum- cancellation deed No.301 of 1971. Later, in view of the contentions raised by the appellant in R.S.A.No.886 of 2005, plaint in O.S.No.82 of 1991 was amended to incorporate a prayer for recovery of possession

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